Spain

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court

TITLE XX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE
CHAPTER IX. OFFENCES AGAINST THE ADMINSTRATION OF JUSTICE OF THE INTERNATIONAL CRIMINAL COURT

Article 471 Bis
1. Any witness who intentionally gives false testimony before the International Criminal Court, being under an obligation to tell the truth pursuant to the substantive provisions and Rules of Procedure and Evidence of that Court, shall be sentenced to six months to two years’ imprisonment. If the false testimony is given against the accused, the sentence shall be two to four years’ imprisonment. If, as a result of the testimony, a guilty verdict is reached, the sentence shall be four to five years’ imprisonment.

2. Anyone who gives evidence before the International Criminal Court knowing that it is false or has been forged shall be sentenced to a term of imprisonment as per the provisions of the preceding paragraph.

3. Anyone who intentionally destroys or tampers with evidence, or interferes with the collection of evidence before the International Criminal Court shall be sentenced to six months to two years’ imprisonment and fined an amount calculated on the basis of a standard rate multiplied by seven to twelve months.

4. Anyone who corruptly influences a witness, obstructs his or her attendance or testimony before the International Criminal Court or interferes with the same shall be sentenced to one to four years’ imprisonment and fined an amount calculated on the basis of a standard rate multiplied by six to twenty-four months.

5. A sentence of between one and four years’ imprisonment and a fine calculated on the basis of a standard rate multiplied by six to twenty-four months shall be imposed on anyone impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform his or her functions or to perform them improperly.

6. Anyone who retaliates against an official of the International Criminal Court as a result of duties that such official or another official has performed shall be sentenced to a period of imprisonment of between one and four years and fined a amount calculated on the basis of a standard rate multiplied by six to twenty-four months.
The same sentence will apply to whoever retaliates against a witness for giving testimony before the Court.

7. Any official of the Court who solicits or accepts a bribe in connection with his or her official duties shall be sentenced to two to five years’ imprisonment and be fined three times the value of the bribe that is solicited or accepted.

Keywords

Offences against administration of justice
National prosecution for offences against the administration of justice
National penalties - offences against the administration of justice



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